Now we shall be going over the two Congo’s, both of which have very similar names and are both bordered with each other and first up is the Democratic Republic of the Congo. It is a large country located in Central Africa and is bordered with nine other countries which are Angola and its Cabinda province, the Republic of the Congo (the other Congo), Central African Republic, South Sudan, Uganda, Rwanda, Burundi, Tanzania and Zambia. A tiny part of the country has a small coast along the Southern Atlantic Ocean. The capital city, Kinshasa is located right on the border with the Republic of the Congo and directly across from their capital city of Brazzaville. The border with Tanzania also isn’t a land border and is completely separated between the Tanganyika Lake.
The area where the Democratic Republic of the Congo is located was made up of numerous Central African foragers and eventually Bantu peoples and a number of Kingdoms were formed in the area including the Kingdom of Kongo. In the 1870s the Congo Basin was explored by Europeans, first led by Henry Morten Stanley under the sponsorship of King Leopold II of Belgium. Eventually Leopold II would gain the rights for the Congo territory at the Berlin Conference in 1885 and he would privately rule the land (outside of Belgium government control) and called it the Congo Free State. Unfortunately, his colonial military unit, the Force Publique, forced the locals to produce rubber and millions of the Kongo people died due to the exploitation and disease.
Initially reluctant, in 1908 Leopold II fully annexed the state to Belgium government control where it then became the Belgian Congo. In May 1960 a growing nationalist movement led to the election of the Mouvement National Congolais party which led to independence in June of that year as the Republic of Congo with Lumumba as its first Prime Minister, although called Congo-Leopoldville at the time to distinguish it from the other Congo with the same name, which was itself distinguished by often being called Congo-Brazzaville. After independence the Force Publique would mutiny and two provinces of the country attempted to secede, starting off the political turmoil and crises that the country continued to face from this point, including the President removing the Prime Minister Lumumba, leading to a power struggle. This turmoil period was known as the Congo Crisis.
Events set in motion by the US led to the toppling of Lumumba by backing forces loyal to Joseph Mobutu, leading to Lumumba’s execution. The new President, Joseph Mobutu was strongly backed by the US due to his opposition against Communism and the new leader changed the country’s name to Zaire and ruled it as a one-party dictatorship. He would be toppled by armed forces in 1997 during the First Congo War and the country would become the Democratic Republic of the Congo. Many regional wars, civil wars, political instability, insurgencies and ethnic conflicts have since followed, some of which are still ongoing or flare up from time to time.
The country’s official languages and recognised national languages include French, Lingala, Kikongo, Swahili and Tshiluba. The country is ethnically diverse with over 200 ethnic groups, the largest grouping being that of the Bantu peoples. The largest religion is Roman Catholic, with Protestantism not too far behind. The country’s currency is the Congolese franc. The DRC’s soaring population is estimated to reach 101,780,263 by July 2020.
Government Type
Due to the political instability and war in the country the government has changed how it works on a number of occasions and only held its first Democratic elections in 2006 after 4-decades. Its system is a semi-presidential republic where there is a President who is Head of State and Prime Minister who is Head of Government. A bicameral parliament makes up the legislative government and multiple parties are allowed.
Due to instability and political violence, elections can often be delayed, be marred by violence possibly leading to lower turnout due to fear and results can be released incomplete or not fully correct due to the disruptions, which can lead to further internal disputing due to inaccuracies.
Executive Government
As said the country has two leaders and they are a part of the executive government with the President as Head of State and who in that capacity represents the country abroad and through diplomatic and foreign affairs. The President has a number of powers at his disposal.
If the President is permanently vacant due to death, resignation or definitive incapacity then the President of the Senate (upper chamber of parliament) will take over as interim President until new elections take place.
The President has an important role to play in communication such as addressing messages to the nation, communication with the chambers of parliament an annual state of the Nation speech.
The President appoints the Prime Minister from the largest winning party or group after parliamentary elections and after consultation with the winning party or group. If there is no majority then the President will set a person up to identify a coalition.
The President appoints and terminates members of the Government on proposal of the Prime Minister. The President convenes and presides over the Council of Ministers, of which he can delegate to the Prime Minister due to temporary incapacity.
The President promulgates legislation the is passed by the bicameral parliament.
Many of the President’s powers require counter-signing by the Prime Minister to have effect, although certain powers do not require this, such as appointing members of government.
On proposal of the government deliberating through the Council of Ministers the President can appoint, relieve or if needed revoke such positions including ambassadors and envoys; general and superior officers of the armed forces and of the national police, also on hearing from the Superior Council of Defense; Major General Chief of Staff, Major Chiefs of Staff, and the commanders of the main units of the armed forces, also on hearing of the Superior Council of Defense; high functionaries of the public administration; responsible persons of the public services and establishments and the mandataries of the State in the public enterprises, organs, except for the commissioners of audit.
The President accredits ambassadors and envoys to foreign nations and organisations and foreign ambassadors and envoys are accredited to him.
He can also appoint, relieve and if needed revoke presiding magistrates and the prosecuting magistrates on the proposal of the Superior Council of the Judiciary.
The President is also the Supreme Commander of the country’s Armed Forces and as such presides over the Superior Council of Defense.
Under extraordinary circumstances the President can be granted exceptional emergency powers through a state of urgency or siege, after coordination with the Prime Minister and the two Presidents of the Chambers of Parliament. The parliament can vote to end a state of urgency or siege at any time and they must give consent for such states to be extended for a longer period. Decrees and ordinances proclaimed by the President during his exceptional powers are overlooked by the Constitutional Court to ensure they abide by the constitution.
On deliberation of the Council of Minister, the Superior Council of Defense and authorization from the National Assembly and Senate, the President can declare a state of war.
The President has the right of pardon, such as remitting, commuting or reducing sentences.
The Prime Minister is Head of Government and the Government is composed of other Ministers, Deputy Ministers as well as possibly Vice Prime Ministers, Ministers of State and other delegated Ministers. The Prime Minister as Head of Government directs its functioning and members. Before entering into functions, the Prime Minister will present the Program of the Government to the National Assembly, which invests the government by being passed with an absolute majority.
The Prime Minister and Government conducts governing policy of the nation and collaborates with the President on numerous matters, functions and jobs. The Prime Minister assures the execution of laws and proposes members of government and ministers to be appointed or removed to the President. Most of the Prime Minister’s actions are counter-signed by the Minister concerned with its execution to have effect. The Government and Prime Minister is responsible in keeping the confidence of the National Assembly (lower chamber of parliament).
The President, due to persistent crisis between the Government and National Assembly, can, after consultation with the Prime Minister and of the Presidents of the National Assembly and Senate, dissolve the National Assembly leading to fresh elections. This action cannot happen in the year following an election or during periods of urgency, siege or war.
The Superior Council of the Magistrature is an organ that manages judicial power, helping it to remain independent. Its members include the President of the Constitutional Court; Attorney General before the Constitutional Court; First President of the Court of Cassation; Attorney General before the Court of Cassation; First President of the Council of State; Attorney General before the Council of State; First President of the High Military Court; Auditor General before the High Military Court; First Presidents of the Courts of Appeal; Attorneys General before the Courts of Appeal; First Presidents of the Administrative Courts of Appeal; Attorneys General before the Administrative Courts of Appeal; First Presidents of the Military Courts; Superior Military Auditors; two presiding magistrates by jurisdiction of Courts of Appeal elected by all the magistrates of the jurisdiction for a mandate of three years; two prosecuting magistrates by jurisdiction of Courts of Appeal, elected by all magistrates of the jurisdiction for a mandate of three years; a presiding magistrate by jurisdiction of Military Courts and a prosecuting magistrate by jurisdiction of Military Courts.
The Constitutional Court consists of nine members who are appointed by the President of the Republic, three on his own initiative, three designated by a joint-sitting of parliament and three designated by the Superior Council of the Magistrature. Two-thirds of the members must be jurists from among the magistrature, of the Bar or from university education. Members serve 9-years and are not renewable, members are renewed in thirds every three years. The President of the Constitutional Court is elected by his peers for a mandate of three years that can only be renewed once.
The Constitutional Court acts on charges of High Treason against the President and Prime Minister, possibly leading to their removal from office.
The decision to bring charges or to prosecute is voted by two-thirds of parliament in a joint-sitting and then by an absolute majority of the members of the National Assembly.
Legislative Government
Legislative government is made up of a bicameral parliament which has a National Assembly as the lower chamber and the Senate as the upper chamber. Their main task is to introduce, debate, amend and pass legislation that will go on to be promulgated by the President. The Government and members of parliament can introduce legislation and amendments through the Bureau of the chamber of origin. Joint-Commissions may be created if a bill is passed by one house by rejected by the other, in an attempt to reach common ground, although if this fails it is up to the National Assembly to make a definitive decision.
The President before promulgation can choose to send a bill back for reconsideration, but if it passes again unchanged with an absolute majority then the President must promulgate it. The President, Prime Minister, either chamber President or at least a tenth of the members of each chamber can refer a passed bill to the Constitutional Court who will make a decision if whether it conforms with the constitution before it is promulgated.
The parliament also passes an annual budget presented by the Government (if the Government does not present one within the specified time then the Government is deemed to have resigned). In deliberation with the Council of Ministers and Government, the President has decree powers to bring in budgetary provisions if parliament does not pass the budget within an allotted time.
Members of parliament cannot be a member of Government, a member of an institution that supports democracy, member of armed forces, national police or security service, a magistrate, career officer of the Public Services of the State, an active public mandate or a member of the Cabinets of the President of the Nation, Prime Minister or Presidents of the chambers of Parliament, as well as a number of other positions.
When a member of parliament is appointed to a political position, then they are suspended from being a member of parliament for the duration they hold that position, afterwards they will become a member again. Members of parliament are elected with two substitutes, one of whom will take over their parliamentary position during these periods.
The National Assembly is the lower chamber of parliament and its result from parliamentary elections is a major determining factor in where the Prime Minister is appointed from. An electoral law determines the number of members of the National Assembly, which currently is meant to stand at 500 members, although currently there are 485 members.
The Senate is the uppeer chamber of parliament and it has currrently 109 members, 108 of whom are indirectly elected and 1 whom is an ex-officio member (former President of the Nation).
Both the National Assembly and Senate has an internally elected Bureau of seven members which are a President of the Assembly/Senate, a first and second Vice-President, a rapporteur/secretary, an adjunct rapporteur, a questuer/treasurer and an adjunct questuer. These members direct the internal workings of the two chambers and the President’s ensure rules are followed and that debate is regulated. These members serve for the full 5-years of the parliamentary term and are elected after parliamentary elections have taken place during an extraordinary session.
Both chambers can be convoked to hold extraordinary sessions of parliament on specific subjects by the President of the chamber, at the demand of either its Bureau, at least half of the members of the chamber or by the President of the Republic or the Government.
The two chambers will have a joint-session for constitutional revision; authorization of a state of urgency, siege or war; President’s annual State of the Nation speech and for designation of some members of the Constitutional Court. The Bureau for the joint-session will be that of the National Assembly and the President of a joint-session rotates between the President of the National Assembly and Senate.
The Constitution states a number of organic laws which can only be changed/modified by an absolute majority in both chambers, which is different from amending the constitution. The Constitutional Court will decide if changes to organic law abide by the constitution before they are promulgated.
The Government or Prime Minister after deliberation with the Council of Ministers can put forth a general policy or legislative text to the National Assembly that acts as a motion of confidence in the government. The members of the National Assembly can also bring forth a motion of confidence in a member of government or a motion of censure against the entire government, a motion of censure requires a quarter of members to bring forth while a motion of confidence requires a tenth of members of the chamber. Both motions require an absolute majority in the National Assembly to pass, if it fails to pass the same signatories cannot bring forth another same motion for the course of the same session.
Electoral System
Presidential elections happen every 5-years and is won by a simple majority popular vote with no further requirements or subsequent rounds.
Candidates for President be a citizen from birth, be at least 30-years or older, enjoy full political and civil rights and to not have been excluded from running by electoral law.
Parliamentary elections happen every 5-years.
The National Assemblies 500 members are elected from a mixture of single-seat constituencies using the First-Past-the-Post system and multi-seat constituencies using a proportional representation system. Currently 439 of the members are elected from the multi-seat constituencies and the other 61 members from the single-seat constituencies.
Candidates for the National Assembly must be a citizen, be at least 25-years or older, enjoy all civil and political rights and to not have been disqualified by electoral law.
The Senate’s 108 members are indirectly elected by provincial assemblies and further members are ex-officio former Presidents of the Nation (which is currently 1) giving 109 members.
Candidates for Senate must meet the same requirements as candidates for the National Assembly but also be at least 30-years or older.
To vote in elections one must be a citizen of the DRC and be at least 18-years-old. Voting is not mandatory.
Source
My source is from the country’s 2005 constitution with amendments through to 2011 (constituteproject.org) and so it should be as accurate as possible, although there is still a chance I may have misinterpreted some things and of course the constitution can change and so this may eventually become outdated, so cross-research is suggested if using this in a serious capacity. Some information was also got from the CIA World Factbook DRC entry, such as numbers in each chamber of parliament and information on population.
A constitutional revision/amendment can be brought forth by the President, the Government (after deliberation with the Council of Ministers), by either chamber of parliament at the initiative of at least half of members or a petition of at least 100,000 DRC citizens, brought to one of the two chambers of parliament. The National Assembly and Senate vote by an absolute majority on the substance, proposal or initiative. The final constitutional amendment/revision is adopted either by National Referendum or a three-fifth vote of a joint-sitting of parliament.
Next up will be the other Congo, the Republic of the Congo (without the “Democratic” in the name, and no that doesn’t meant it’s a full on autocratic dictatorship).
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